(1) Upon filing the final account and petition for a judgment of distribution, the personal representative shall fix a time for filing objections thereto in a notice thereof. Not less than 20 days before the time fixed in the notice, the personal representative shall cause a copy of the notice to be mailed to:
(a) Each heir at the last-known address of the heir, if the decedent died intestate.
(b) Each devisee at the last-known address of the devisee, if the decedent died testate.
(c) Each creditor who has not received payment in full and whose claim has not otherwise been barred.
(d) Any other person known to the personal representative to have or to claim an interest in the estate being distributed.
(2) The notice need not be mailed to the personal representative.
(3) Proof of the mailing to those persons entitled to notice shall be filed in the estate proceeding at or before approval of the final account.
(4) If the Department of Human Services has presented a claim under ORS chapter 411 or 414 or ORS 416.310 to 416.340, 416.510 to 416.990 or 417.010 to 417.080, or the Department of Corrections or the authorized agent of the Department of Corrections has presented a claim under ORS 179.620 (3), and the claim has not been settled or paid in full, the personal representative shall mail to the appropriate department a copy of the final account at the same time, and shall make proof of the mailing in the same manner, as the notice provided for in this section. [1969 c.591 §176; 1969 c.597 §280; 1989 c.348 §14; 2001 c.487 §14; 2001 c.900 §20a; 2003 c.576 §376; 2005 c.381 §21; 2007 c.284 §13]
Note: Section 15, chapter 284, Oregon Laws 2007, provides:
Sec. 15. Section 7 of this 2007 Act [111.218] and the amendments to ORS 111.215, 113.045, 113.145, 113.155, 115.003, 116.093 and 117.015 by sections 8 to 14 of this 2007 Act apply only to proofs filed in probate court on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.284 §15]Section: Previous 116.023 116.025 116.033 116.043 116.063 116.073 116.083 116.093 116.103 116.105 116.110 116.113 116.115 116.120 116.123 Next
Last modified: August 7, 2008